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ADDITIVE CONTROLS & MEASUREMENT SYS. v. FLOWDATA

Nos. 95-1490 to 95-1492.

96 F.3d 1390 (1996)

ADDITIVE CONTROLS & MEASUREMENT SYSTEMS, INC., Plaintiff/Counterdefendant, v. FLOWDATA, INC., Defendant/Counterclaimant-Appellee, v. TRUGEAR, INC. and David M. Yates, Movants-Appellants, and Jack Harshman and Truflo Instrumentation, Inc., Movants-Appellants, and Nice Instrument Services, Inc. and Nice Instrument Sales, Inc., Movants-Appellants.

United States Court of Appeals, Federal Circuit.

September 24, 1996.

Attorney(s) appearing for the Case

Bruce C. Morris, Beirne, Maynard & Parsons, L.L.P., Houston, TX, argued, for defendant/counterclaimant-appellee. On the brief was William C. Norvell, Jr.

James R. Snell, Liddell, Sapp, Zivley, Hill & LaBoon, L.L.P., Houston, TX, argued, for movants-appellants Trugear, Inc., David M. Yates, Jack Harshman and Truflo Instrumentation, Inc. With him on the brief was R. Tate Young, Houston, TX.

Robert H. Singleton, Jr., Singleton & Cooksey, Houston, TX, argued for movants-appellants Nice Instrument Services, Inc. and Nice Instrument Sales, Inc. Of counsel was Serena S. Williams.

William D. Durkee, Arnold, White & Durkee, Houston, TX, for plaintiff/counterdefendant.

Before PLAGER, Circuit Judge, SKELTON, Senior Circuit Judge, and BRYSON, Circuit Judge.

BRYSON, Circuit Judge.

In this patent case the district court entered an injunction against entities that are not parties to the underlying lawsuit. The non-parties moved to have the injunction against them vacated, and the district court denied their motions. We conclude that the district court was not authorized to grant injunctive relief against the non-parties, and we therefore direct that one paragraph of the district court's injunctive order be vacated.

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